If you are going through a divorce or break up and children are involved, one of the most important decisions you will face will be custody and visitation. It’s important to protect your parental rights while also considering what is best for your children. An experienced custody and visitation lawyer will help ensure your needs are met.
At Melone Hatley, P.C., we have a long history of helping parents get custody and visitation agreements that work for them and their children. Our experienced team of divorce lawyers serves clients dealing with custody and visitation issues in Virginia, South Carolina, and Florida.
Contact us by phone or through our website today to set up a free case evaluation with a member of our legal staff.
Custody and Visitation Rights Before Any Court Rulings
Before any legal decisions have been made in your child custody case, you will likely be wondering about your parental rights. Until a court order has been rendered, both parents will maintain equal rights regarding custody of the children.
Until a permanent custody arrangement has been reached, either parent can petition the court to grant a temporary order regarding custody and visitation.
It’s critical to understand that if you reach a temporary custody arrangement with your former partner, the court will consider it when making a ruling on permanent custody. Any parental rights you voluntarily relinquish in the short term may be upheld by the court when they make their final ruling regarding custody.
Factors the Court Will Consider When Awarding Custody and Visitation
The court will consider many factors when deciding custody and visitation. Ultimately, the court’s responsibility is to make a ruling that is in the best interest of the children. If possible, the court will aim to ensure a strong involvement of both parents in the child’s life.
Some of the factors the court will take into consideration include:
- Who was the primary caregiver while the couple was still together
- The mental health, age, and health of both parents
- The financial ability of each parent to care for the children
- The current living arrangements for both parents
- How close the parents live to each other
- How close each parent lives to the child’s school and social circle
- How close each parent lives to extended family members of the child
- The age, health, and gender of the child
- The religious views of the parents and children
- The length of the separation and where the child has lived since the split
- If either parent abandoned or surrendered any custody rights in the past
- The child’s preference
This list is far from exhaustive. The court could consider any number of other factors to determine the best custody solution for the children. It’s critical that you secure the services of an experienced custody and visitation lawyer who will effectively present your case to the court.
The Courts Are Not Allowed to Make Decisions Based on the Gender of the Parent
In the past, mothers were far more likely to win custody of their children in a divorce based solely on their gender. There have been changes in the law that have eliminated legal preference for custody to mothers. Instead, the best interests of the child are paramount.
However, there are still judges out there who show a preference for awarding custody to mothers. If dealing with a judge with a history of partiality toward mothers, fathers may need to take additional steps to protect their rights in a custody battle. An experienced custody and visitation attorney will work to ensure the judge in your case upholds their legal duty.
Establishing Paternity Is Critical if You Are Not Married
For unmarried couples with children going through a breakup, child custody issues can be even more complex than during a divorce. In these cases, the court will likely grant custody to the mother unless the father can prove the child’s paternity.
There are two main ways to prove paternity. The first option is for the father and mother to sign an Acknowledgement of Paternity (AOP) when the child is born or sometime after, which allows the birth certificate to include the names of both parents.
Alternatively, the father can undergo a DNA test to prove paternity, which involves the father filing a Petition to Establish Paternity and may require a court order. When dealing with the complications of custody for unwed parents, having the support of an experienced child custody and visitation lawyer can prove essential.
Different Types of Court Orders a Custody and Visitation Lawyer Will Help You Navigate
There are a variety of different court orders related to custody and visitation. It is critical that you understand the various kinds of custody arrangements you may have to deal with after a divorce or separation. Some of the common custody-based court orders include:
- Legal custody
- Physical custody
- Temporary custody
- Sole, joint, and split custody
Legal Custody
The parent granted primary legal custody will have rights and obligations regarding making decisions about the children’s education, health care, religion, and other critical issues.
Physical Custody
Physical custody determines where the children will live. A parent with physical custody is responsible for ensuring the physical well-being of the children while they are in their custody.
Temporary Custody
Temporary custody is what it sounds like. This custody is granted on a temporary basis while the parents await a hearing to decide on a more permanent custody arrangement.
Sole, Joint, and Split Custody
Both legal and physical custody can be granted on a sole, joint, or split basis. With sole legal and physical custody, one parent has all the decision-making rights about the children’s lives, and the children live with them full time.
With joint custody, both parents have the right to make decisions about the children’s lives, and the children divide their time between the two households. When more than one child is involved, split custody may be awarded, where each parent is awarded custody over some of the children.
The court can rule to grant these different types of custody in any combination that makes sense. While extremely uncommon, one parent could be granted sole physical custody over a child while the other parent is granted sole legal custody.
You Should Always Formalize a Custody Agreement With a Court Ruling
If you and your former partner are able to reach an agreement regarding the custody of your children, you won’t have to leave this important decision up to the discretion of the court.
However, even if you reach an agreement out of court, it is in your best interest to legally finalize the deal to ensure your parental rights are protected. An experienced custody and visitation lawyer can help guide you through the process.
Get Help from an Experienced Visitation and Custody Attorney Today
Whether your former partner and you are moving along amicably through divorce proceedings or are locked in a bitter battle, hiring an experienced family lawyer will help protect your parental rights and ensure the best outcome for your children. At Melone Hatley, P.C., we can help make the process as easy as possible for you and your children.
Contact us today by phone or through this website to set up your free initial case evaluation. Then, read our client testimonials to get a better idea of the type of service we provide.